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| Judges should set precedence | | | | Never in the history of India has there been any such development in the Judiciary like the one we are witnessing these days. Justice Soumitra Sen’s case is now known well to all. The Chief Justice of India’s recommendation that Calcutta High Court judge Soumitra Sen be removed on charges of financial misconduct sends out a strong signal that corruption in the judiciary will not be tolerated. Sen was found guilty of misappropriating Rs 32 lakh in a case that goes back to the early 1990s when he was a lawyer. He has refused to step down. The Chief Justice’s recommendation now paves the way for the government to move an impeachment motion in parliament against the erring judge. This is the second time since the Constitution came into force that a judge of the higher judiciary will be facing an impeachment motion. In 1991, an impeachment motion was moved against Supreme Court Judge V Ramaswami for misconduct in the purchase of furniture when he was Chief Justice of the Punjab and Haryana High Court. He escaped impeachment, however, as the Congress abstained from voting on the motion. A two-thirds majority in parliament is required to impeach a judge. Political parties have in the past expressed concern over corruption in the higher judiciary. Whether they will act on that concern and join hands to have Sen impeached remains to be seen. There have been other cases of involvement of judges in financial or other scandals. But two recent incidents have laid bare the extent of rot at the top. In one incident, bribe offered to a judge of the Punjab and Haryana High Court came to light recently when around Rs 15 lakh in cash was delivered at the home of the wrong judge. And 36 judges are said to be involved in a scam relating to withdrawal of crores of rupees from an unclaimed general provident fund account at the Ghaziabad treasury. The judiciary has rightly intervened in the past to speak out against corruption in the legislature, the bureaucracy and society. It needs to clean up the rot within its ranks as well. Of the various arms of government, the judiciary in India has been the most respected. Sadly, its credibility and stature is being undermined by instances of impropriety or misconduct that are surfacing with disquieting regularity. Justice Balakrishnan’s recommendation is a step towards cleaning up the system but it must be followed up with more permanent mechanisms and measures to improve accountability of judges. |
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